O1717
CA:MT:f:\atty\muni\laws\mtt\srre21
City council Meeting: 1/18/94 Santa Monica, California
ORDINANCE NUMBER 1 717
(city Council-Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
REQUIRING PERMITS FOR ENTERPRISES PROVIDING
SOLID WASTE, REFUSE OR SOURCE-SEPARATED
RECYCLABLE MATERIALS SERVICE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 5.08.010 of the Santa Monica Municipal
Code is amended to read as follows:
Section 5.08.010.
Definitions.
The
following words or phrases as used in this
Chapter shall have the fOllowing meanings:
(a) Building Rubbish. Building rubbish,
is the waste material from construction,
replacement, remodeling, repair, or demolition
of structures, and includes, but is not
limited to, such rejected materials and
fixtures as earth, stones, bricks, plaster,
glass, lumber, roofing materials, shingles,
concrete, plumbing fixtures, pipes, heating
systems, and electrical materials.
(b) city. The City of Santa Monica.
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(c) commercial Recycling Bin. The term
"commercial . recycling bin" shall mean any
container, bin or receptacle designed for the
storage of source-separated recyclable
materials.
(d) Commercial Refuse Bin. The term
"commercial refuse bin" shall mean any
container, bin or receptacle, designed for the
storage of solid waste by an institutional,
industrial or commercial entity.
(e) Diversion. The term "diversion"
shall mean any activity, existing or occurring
in the future, which has been, is, or will be
implemented by the City which will result in
or promote the diversion of solid waste
through source reduction, recycling or
composting from solid waste land fills or
transformation facilities.
(f) Dwelling. A structure or portion
thereof which is used principally for
residential occupancy.
(g) Dwelling Unit. One or more rooms
designed, occupied, or intended for occupancy
as separate living quarters.
(h) Garbage. Garbage is animal and
vegetable waste resulting from the handling,
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preparation, working, and service of food and
of a type which originates primarily in
kitchens, stores, restaurants, hotels, and
other places where food is cooked, stored, or
consumed. The term "garbage" shall not
include within its meaning food processing
wastes from canneries, slaughter houses,
packing plants, or similar industries, nor
condemned food products or animal shells.
(i) Director of General Services shall
mean the Director of General Services of the
City or his or her designate.
(j) Hazardous Waste. Hazardous waste is
those substances defined by applicable
federal, state or City law or regulation.
(k) Industrial Waste. Industrial Waste
is solid waste material from factories,
processing plants, or other manufacturing
enterprises, and shall include, but not be
limited to, condemned foods, lumber scraps and
shavings, plaster cases, and miscellaneous
manufacturing refuse.
(l) Qualified
Businesses shall
Businesses. Qualified
mean any business which
generates less than one hundred (100)
kilograms of hazardous waste or less than two
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(2) kilograms of extremely hazardous waste per
month as defined by federal or state law.
(m) Recyclable Material. Recyclable
material is any waste material which can be
reused or reprocessed to produce a useable
material or which is designated by the
Director of General Services as recyclable
material. Recyclable material may include.
wastes defined as building rubbish, garbage,
industrial waste, hazardous waste, or rubbish.
(n) Recycling Enterprise. The term
"recycling enterprise" shall mean any
individual, partnership, joint venture,
unincorporated private organization or private
corporation providing solely source separated
recycling services in the city.
(0) Recycling Requirements. The term
"recycling requirements" shall mean the
obligations imposed by or upon the City
pursuant to federal, state or City law,
ordinance, resolution, policy, plan or program
relative to recycling all, or a portion, of
the solid waste generated within the City
including, without limitation, State mandates
to divert twenty-five percent (25%) of
residential and commercial refuse by the year
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1995 and fifty percent (50%) of residential
and commercial refuse by the year 2000, and
the provision of City-approved recycling
services to all customers.
(p) Refuse. Refuse is garbage, rubbish,
building rubbish, and industrial waste.
(q) Rubbish. Rubbish is paper,
cardboard, books, magazines, rags, clothing,
paper cartons, wooden crates, wooden boxes,
mattresses, rubber, linoleum or asphalt tile,
excelsior, carpet sweepings, cut hair, vacuum
sweepings, wrapped garbage, grass, weeds,
leaves, yard trimmings, and other similar
articles or materials; ashes, broken glass,
crockery, bottles, tin cans, metal containers,
bed springs, metal furniture, miscellaneous
metals, and all other similar articles of
materials; tree branches, brush, palm fronds,
wooden furniture, and all other similar
materials which will burn by contact with
f lames of ordinary temperature after being
dried to proper moisture content or that has
not been segregated for source separated
recycling handling services. Rubbish shall
not include automobile and truck bodies,
chassis, and engines.
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(r) Solid Waste. The term "solid waste"
shall mean all rubbish, garbage, refuse,
industrial waste, hazardous wastes, non-source
separated recyclable material and building
rubbish.
(s) Solid Waste Enterprise. The term
"solid waste enterprise" shall mean any
individual, partnership, joint venture,
unincorporated private organization or private
corporation providing solid waste handling
services handling services in the City.
(t) Solid Waste Handling Services. The
term "solid waste handling services" shall
mean the collection, transportation, storage,
transfer or processing of solid waste for
commercial, institutional, or industrial users
or customers and shall include, without
limitation, the placement of commercial refuse
bins on public property.
(u) Source Separated Recycling Handling
Services. The term "source separated
recycling handling services" shall mean the
collection, transportation, storage, transfer
or processing of source separated recyclable
materials for commercial, institutional or
industrial users or customers in order to
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segregate recyclable materials for recovery or
special handling or to facilitate the recovery
or special handling of source separated
recyclable materials.
(v) Source Separation. The term "source
separation" shall mean the segregation by the
generator of the materials designated for
separate collection for some form of materials
recovery or special handling.
(w) Waste Characterization Study. The
term "waste characterization study" shall mean
the Waste Characterization Study of the Source
Reduction and Recycling Element ("SRRE")
adopted by the City on August 4, 1992.
SECTION 2. Section 5.08.400 of the Santa Monica Municipal
Code is added to read:
Section 5.08.400. purpose and Intent.
The City Council finds and declares that
regulation of industrial, commercial and
institutional solid waste enterprises and
industrial, commercial and institutional
recycling enterprises is necessary and
appropriate in that:
(a) The city is required by State law to
achieve designated recycling/diversion rates
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in the years 1995 and 2000 as well as to
prepare a comprehensive study of all
residential, commercial, and industrial refuse
generated within city limits;
(b) The City conducted a Waste
Characterization study and adopted a Source
Reduction and Recycling Element (SRRE) on
August 4, 1992 as a prelude to compliance with
state mandated diversion rates of twenty-five
percent (25%) in 1995 and fifty percent (50%)
in the year 2000. This Chapter will
facilitate implementation of the SRRE Plan by
conditioning issuance of an enterprise permit
on compliance with certain disclosures and
performance requirements, and will assist the
ci ty in satisfying state mandated diversion
criteria.
SECTION 3. section 5.08.410 of the Santa Monica Municipal
Code is added to read:
Section 5.08.410. Enterprise Permit
Required. No person, partnership, joint
venture, unincorporated private organization
or private corporation shall provide solid
waste handling services or source separated
recycling handling services nor conduct a
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solid waste enterprise or a recycling
enterprise in the City without first obtaining
an enterprise permit pursuant to this Chapter.
Nothing herein relieves a solid waste or
recycling enterprise from its obligation to
obtain all other applicable permits, licenses
and approvals required under local, state and
federal law.
SECTION 4. Section 5.08.420 of the Santa Monica Municipal
Code is added to read:
section 5.08.420. Applications.
Applications for an enterprise permit shall be
submitted on a form provided by the Director
of General Services. No enterprise permit
shall be issued unless and until the applicant
has provided all information requested by the
Director of General Services and has complied
with section 5.08.430. The application shall
be submitted to the Director of General
Services accompanied by the applicable fee
which shall be set by Resolution of the city
Council.
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section 5.08.430.
Issuance of an
Enterprise Permit. Issuance of an enterprise
permi t by the Director of General Services
will be based upon the following:
(a) Applicant must be a solid waste
enterprise or a recycling enterprise;
(b) Applicant must complete an
application in full and provide all
information requested by the Director of
General Services;
(c) Applicant must agree, in writing, to
comply with all current and future regulations
promulgated by the Director of General
Services, including any special conditions
placed upon the enterprise permit by the
Director of General Services to insure
compliance with the provisions of this Chapter
and applicable provisions of state and federal
law.
(d) Applicant must provide the Director
of General Services with evidence of the
insurance and performance deposits required by
this Chapter or by Resolution of the City
Council.
(e) If required by Resolution of the
City Council, applicants, which provide solid
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waste handling services, must adopt a
capacity/ frequency refuse rate structure
which is in substantial compliance with the
provisions of the applicable Resolution of the
City Council.
(f) Applicant must provide a minimum
weekly baseline service level of one pick-up
per week for solid waste handling services.
throughout the city.
(g) Applicant must provide a minimum
baseline service level of one pick-up per
month for source separated recycling handling
services.
SECTION 6. section 5.08.440 of the Santa Monica Municipal
Code is added to read:
section 5.08.440. Administration. The
Director of General Services is empowered to
adopt regulations governing the administration
of this chapter and the activities of
permittees in order to implement the
provisions of this Chapter and the applicable
Resolutions of the city Council. The
regulations adopted by the Director of General
Services shall be considered conditions of any
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enterprise permit issued pursuant to this
Chapter.
SECTION 7. section 5.08.450 of the Santa Monica Municipal
Code is added to read:
Section 5.08.450. Terms and Renewal of
Permit. All enterprise permits issued
pursuant to this Chapter shall expire on June
30th of each year. However, any enterprise
permit issued prior to June 30, 1994 may be
issued with an expiration date of June 30,
1995. Enterprise permits may be renewed if
the permittee submits an application for
renewal at least thirty (30) days prior to the
expiration of the enterprise permit on a form
prescribed by the Director of General Services
accompanied by the applicable fee specified by
Resolution of the City Council. The Director
of General Services shall renew the enterprise
permit if, during the term of the enterprise
permit, the permittee has complied with the
provisions of this Chapter, the Resolutions of
the City Council adopted to implement the
provisions of this Chapter, the regulations
adopted by the Director of General services,
any special conditions placed upon the
enterprise permit and has obtained all
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necessary permits, licenses and other
approvals required under this Code or pursuant
to state or federal law.
SECTION 8. section 5.08.460 of the Santa Monica Municipal
Code is added to read:
section 5.08.460. Insurance. Prior to
issuing an enterprise permit, and at all times
during the period that the enterprise permit
is in effect, the permittee shall obtain and
maintain the types and minimum amounts of
insurance coverage, plus all other
requirements, specified by Resolution of the
City Council.
SECTION 9. section 5.08.470 of the Santa Monica Municipal
Code is added to read:
section 5.08.470. Performance Deposit.
(a) Permittee shall provide city with a
certificate of deposit or other form of
security acceptable to the city, in the sum
specified by Resolution of the City council to
insure compliance with the duties and
obligations imposed by the provisions of this
Chapter.
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(b) In lieu of revoking or suspending an
enterprise permit, or as a condition of
reinstating a previously revoked or suspended
enterprise permit, the Director of General
Services may stay the revocation or suspension
of an enterprise permit or allow the
reinstatement of an enterprise permit, if the
permi ttee agrees to the application of the
performance deposit, or other form of
security, to any costs incurred by the city of
Santa Monica arising from violations by a
solid waste or recycling enterprise of this
Chapter, Resolutions adopted to implement this
Chapter, regulations issued by the Director of
General Services or any condition of the
enterprise permit or any other applicable
City, state or federal law or regulation.
(c) If the deposit or other form of
security is applied by the Director of General
Services pursuant to subsection (b) above to
the costs incurred by the City arising from a
violation by a solid waste or recycling
enterprise, the solid waste or recycling
enterprise must bring the level of the deposit
back to the required amount specified by
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Resolution of the City council within thirty
(30) days of notification by the city.
SECTION 10. section 5.08.480 of the Santa Monica Municipal
Code is added to read:
Section 5.08.480. Indemnification and
Hold Harmless. Each permittee, as a condition
of the. enterprise permit, shall indemnify,
defend, and hold harmless the city, its City
council, boards, commissions, officers,
agents, employees and volunteers with respect
to any loss, liability, injury or damage that
arises out of, or is in any way related to,
the acts or omissions of permittee, its
employees, off icers, and agents in the
performance of any activity, function, or duty
authorized by, or required under the terms of,
the enterprise permit.
SECTION 11. section 5.08.490 of the Santa Monica Municipal
Code is added to read:
Section 5.08.490. Disclosure.
A. Each permittee shall, as a condition
to the enterprise permit, provide the City
with information regarding the solid waste,
refuse and source separated recyclable
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materials collected in the city of Santa
Monica in compliance with the reporting
format of the Director of General Services.
The format and frequency of the reports shall
be set forth in regulations adopted by the
Director of General Services. The information
to be provided shall include, without
limitation, the following:
1) A statement of the monthly
volume of service by capacity and frequency.
2) Monthly weight records of all
solid waste, refuse and source separated
recyclable materials generated or diverted in
the City by category (commercial and
industrial) and the landfill or recycling
destination of the solid waste, refuse or
source separated recyclable materials.
3) Copy of any schedule of charges
for solid waste handling services, which is
mandated by Resolution of the City Council and
adopted pursuant to Santa Monica Municipal
Code section 5.08.430(e).
4) Copies of solid waste studies
conducted by, or on behalf of, the permittee.
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5) Solid waste enterprises and
recycling enterprises shall maintain all
records relating to the services provided,
including service agreements or contracts,
customer lists, billing records, refuse,
source separated recyclable commodity or solid
waste material destination records and
customer complaints for the full term for the
service agreement or contract, and an
additional period of not less than three (3)
years, or any longer period mandated by
federal, state or local law. The city shall
have the right, upon five (5) business days'
advance notice, to inspect and audit all
records relating to the enterprise permit.
Such records shall be made available to the
City at the applicant's regular place of
business, or at a location within the County
of Los Angeles.
B. Each permittee shall provide
representative solid waste, refuse or source
separated recyclable material loads for
sorting by County of Los Angeles and City of
Santa Monica solid waste consultants at the
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times and locations specified in a written
request from the Director of General Services.
C. Each permittee shall permit access by
City or County employees to all locations
under the control or supervision of the
permittee where solid waste handling services
or source separated recycling handling
services occur.
SECTION 12. Section 5.08.500 of the Santa Monica Municipal
Code is added to read:
Section 5.08.500. Recycling
Requirements. Each permittee shall, as a
condition to the enterprise permit, comply
with all recycling requirements. Upon request
of the Director of General Services, each
permi ttee shall provide proof of compliance
with any applicable law, ordinance, regulation
or special condition of the enterprise
permit.
SECTION 13. section 5.08.510 of the Santa Monica Municipal
Code is added to read:
Section 5.08.510. Revocation, Suspension
Or Denial of Enterprise Permit. The Director
of General Services may revoke, suspend or
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deny an enterprise permit, or invoke the
provision of section 5.08.470, for any of the
following reasons:
(a) Permittee cannot, or has ceased to,
comply with the requirements for issuance,
maintenance, validity or renewal of an
enterprise permit;
(b) Permittee cannot, or has failed to,
comply with the provisions of this Chapter or
Resolutions of the city council adopted to
implement this Chapter;
(c) Permittee has violated provisions of
this Code or other applicable laws.
(d) Permittee has violated the
regulations adopted by the Director of General
Services pursuant to the authority granted by
this Chapter; or
(e) Permittee has failed to comply with
any special conditions imposed upon, or made a
part of, the enterprise permit.
(f) Permittee has failed to provide the
minimum level of service mandated by the
provisions of this Chapter or set forth in a
service agreement or contract between a solid
waste enterprise or recycling enterprise and
its customer.
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(g) The enterprise permit was issued as
a result of a mistake of an officer or
employee of the City contrary to the terms of
this Code or applicable provisions of state or
federal laws or regulations. If a Hearing
Examiner finds that such enterprise permit was
issued in contravention of this Code or other
applicable law, the Hearing Examiner shall
order the enterpr ise permit revoked and the
fee for the unexpired portion of the
enterprise permit shall be refunded. After
the revocation, all activity for which such
enterprise permit was required shall be
immediately discontinued.
section 13. Section 5.08.520 of the Santa Monica Municipal
Code is added to read:
Section 5.08.520. Riqht of Appeal. Any
solid waste enterprise or recycling enterprise
aggrieved by the denial, revocation or
suspension of an enterprise permit by the
Director of General Services may appeal to a
Hearing Examiner in accordance with section
5.08.530. For purposes. of this Code,
revocation shall include a decision to deny an
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application to grant, renew or reinstate an
enterprise permit.
There shall be no right of appeal as to
the determination of the amount of any fee or
the amount of any bond required by this
Chapter or pursuant to any Resolution of the
City Council.
section 14. section 5.08.530 of the Santa Monica Municipal
Code is added to read:
Section 5.08.530. Appeals
(a) A Hearing Examiner appointed by the
City Attorney shall hear in accordance with
this section any revocation, suspension or
denial arising under sections 5.08.510 and
5.08.520.
(b) Standards. The Hearing Examiner may
suspend, revoke or deny an enterprise permit,
whenever, in the reasonable judgment of the
Hearinq Examiner, the suspension, revocation
or denial are in accordance with this Code and
any other applicable law.
(c) Rules. The City Council may, by
Resolution, establish rules for the conduct of
the hearing before the Hearing Examiner. In
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the absence of such rules, the Hearing
Examiner shall be governed by those rules
generally applicable to administrative
proceedings conducted under the Administrative
Procedures Act of the state of California.
(d) Hearing. Any solid waste enterprise
or recycling enterprise aggrieved by an action
appealable to a Hearing Examiner shall be
entitled to a hearing upon filing a written
request therefore with the City Clerk not
later than the tenth (10th) day following the
mailing of a notice of the action from which
the appeal is taken. The Hearing Examiner
shall hold a. hearing not later then thirty
(30) days following receipt of the request by
the City Clerk, unless an extension of the
time therefore is granted by the Hearing
Examiner.
The solid waste enterprise or recycling
enterprise shall be given no less than five
(5) days notice of the time and place of said
hearing. The hearing shall. be open to the
public. Any interested party is entitled to
be heard and may be represented by counsel.
(e) Decision of Hearing Examiner. The
decision of the Hearing Examiner shall be made
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within forty-five (45) days of the conclusion
of the hearing. Notice of the decision shall
be mailed to the solid waste enterprise or
recycling enterprise at its last known mailing
address within fifty (50) days of the
conclusion of the hearing.
(f) stay Pending Hearing. The
suspension or revocation of any enterprise
permit for which an appeal has been timely
filed with the City Clerk, shall be stayed
pending the decision of the Hearing Examiner.
Nothing in this subsection shall be construed
to require any officer or employee of the City
to issue any enterprise permit.
(g) Review of Hearing Examiner' s
Decision. Thirty (30) days after the Hearing
Examiner's decision is delivered or mailed to
the affected permittee, the stay of any
suspension or revocation shall expire, unless
a stay of execution by a court of competent
jurisdiction is issued. The Hearing
Examiner' s decision in all cases is final
except for judicial review. Such review must
be sought by petition under Code of civil
Procedure section 1094.5, not later than
ninety (90) days after the decision is issued.
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SECTION 16. section 5.08.550 of the Santa Monica Municipal
code is added to read:
section 5.08.550. Transfer of an
Enterprise Permit. No enterprise permit
issued pursuant to the provisions of this
Chapter shall be transferable by assignment,
sale, hypothecation, operation of law or
otherwise without the express written
permission of the Director of General
Services. Transfer of an enterprise permit
shall include, but not be limited to, the sale
or transfer of fifty percent (50%) or more of
the ownership or voting rights of a corporate
solid waste enterprise or recycling
enterprise.
SECTION 17. section 5.08.560 of the Santa Monica Municipal
Code is added to read:
Section 5.08.560. Permit and Fees Not
Exclusive. The fees and permits required by
this Chapter shall be in addition to any
license, permit or fee required by any other
Chapter of this Code or other applicable state
or federal law.
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section 18. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
section 19. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The city Council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
section 20.
The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~~
JOS LAWRENCE .
Acting City Attorney
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Adopted and approved this 18th day of January, 1994.
~0L
May
I hereby certify that the foregoing Ordinance No. 1717 (CCS) was duly and regularly
introduced at a meeting of the City Council on the 11th day of January, 1994; that the said
Ordinance was thereafter duly adopted at a meeting of the City Council on the 18th day of
January, 1994 by the following Council vote:
Ayes: Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers:
None
Abstain: Councilmembers : None
Absent: Councilmembers: None
ATTEST:
~~~4/~J' f M~
City Clerk